The investigation of the late Minister of Education, science and Technology, Dr Minkailu Bah over the Malasian College, Limkokwing University saga is not synonymous with conviction.
Marked Difference exists between investigation and conviction of any person accused of a crime.
The investigation conducted by the country’s anti-graft agency, Anti-Corruption Commission (ACC) into the activities of the late man does not in any way convict the late Minister.
The ACC investigation is subject to presentation to the court for determination.
An established judicial principle says that any man accused to have committed a crime is presumed innocent until found guilty by a competent judicial authority.
To further bolster the principle of innocence, the law provides a platform for appeal from an inferior court upon conviction to a superior court.
The maxim succinctly explained here is that one is safe to say that a person is only said to be guilty when the court final appeal says he is guilty.
The time-honoured principle sends a strong message that investigation should not be misunderstood as conviction.
Seasoned criminal investigators would subscribe to the conception that investigation is a conscious, ethical and comprehensive effort to show whether an offence has been committed or not.
In the execution of such a duty, the police or any other investigative body should comply with rules, laws and policies to satisfy the requirements of justice.
Investigation in whatever jurisdiction places obligation on investigators in the manner of evidence collection, arrest, detention and obtaining statements in line with the nine rules developed by the King’s Bench Division in The UK.
The rules however do not have the force of law, but their neglect makes an investigation foolish.
Prominent previous examples indicate that in the process of investigation, an investigator’s blunder can fatally undermine a case.
The investigation of former South African President, Jacob Zuma who was accused of corruption is very much relevant here.
The unprofessionalism of the investigators led to the rejection of documents which were central to the successful prosecution of the matter.
The investigators’ exhibited the highest form of unprofessionalism when they intruded the premises of the accused, Mr Zuma without his knowledge and collected the documents.
Although the documents were highly central to the case, they were ignored by the court in light of the illegal manner in which they were obtained.
Even in a situation where the accused is arraigned before the court and dies before a guilty verdict is announced, the case would be completely closed and no comment would come after it.
In such a situation, the adjudicating authority hands over the remains to the family for a befitting burial.
In the case of Foday Sankoh, leader of the Revolutionary United Front, a rebel group that subjected the country to ten years reign of terror, his remains was handed over to his family on his demise during trial by the defunct hybrid tribunal, Special Court for Sierra Leone.
The late man was standing before the court for war crimes, crimes against humanity and other violations of international humanitarian law and international human rights law.
The crimes are very serious in the circle of international criminal jurisprudence.
In spite of the seriousness of the crimes for which Sankoh was arraigned, his remains was handed over to his family without any media hype.
Similarly, late former Minister of Defence, late Hinga Norman who was arrested and arraigned before the Special Court for Sierra Leone had his case withdrawn upon his demise in Senegal.
Norman was also arraigned before the court for war crimes, and his remains were handed over to his family without any publications that insinuate guilt.
All the foregoing instances indicate that a man who passes away when a matter when a matter is sub-judice is innocent of the crime of which he was accused.
Dr Bah therefore dies an innocent man and not with indictment.
The State and ACC must wish him farewell and drop the investigation in the spirit of professionalism.
The Limkokwing University he left behind is highly relevant to national development for which he would be remembered for years.